McNae's Essential Law for Journalists: Part 2: Chapter 5: Crime - media coverage prior to any court case Flashcards
What do those accused of crime enjoy?
The Presumption of Innocence
What is the Presumption of Innocence?
The presumption of innocence is a principle whereby those that are charged with crimes do not have to prove themselves innocent.
What does the prosecution therefore have to do?
The prosecution has to prove guilt beyond reasonable doubt.
What do the police need?
The police need clear evidence to meet this standard.
What can the police do under the Police and Criminal Evidence Act 1984?
Under the Police and Criminal Evidence Act 1984, a police officer can arrest a person who has committed an offence, who is about to commit an offence or anyone on whom there is reasonable grounds for suspicion.
What happens to the case once an arrest is made?
An arrest makes the case automatically ‘active’ under the Contempt of Court Act 1981.
What does this do?
This limits what can be published about it?
What happens when somebody is arrested?
An arrested person is usually taken to a police station. If they go to the police station voluntarily, they may be arrested at the police station.
What should a journalist check?
Journalists should check whether the suspect is helping police voluntarily or is under arrest.
What does the law say regarding limits to detention?
The law says nobody should be held under arrest for more than 24 hours and must be released if not charged within that period.
What does the law say regarding false imprisonment?
An arrested person who later sues the police for damages must prove that the police grounds for detention were unreasonable.
What is the Crown Prosecution Service?
Most prosecutions are the responsibility of the Crown Prosecution Service. The CPS is independent of police but has a duty to advise and direct them in investigations.
What does the CPS decide?
It decides in all major cases whether a suspect should be prosecuted and if so on what charge or charges.
What is a charge?
A charge is a formal accusation giving the alleged offender basic details of the alleged crime. This means that the case will be prosecuted and go to court.
When does the case cease to be active?
The case ceases to be active if an arrested person is released without charge.
What should the police tell the media?
The police should tell the media whether a suspect who has not been charged remains on police bail or under investigation because journalists need to know if the case is active.
How do the CPS decide whether to prosecute?
When considering if a suspect should be prosecuted, CPS lawyers assess whether there is a realistic prospect of conviction.
What must the police stop doing once someone is charged?
Once someone is charged, police must stop questioning the suspect and the person must be taken to a magistrates court on the day they are charged or on the following day.
How long may the decision on whether to prosecute take?
The decision on whether to prosecute may be taken quickly but also, it might not be taken for months if time is needed to gather evidence.
What can the prosecution begin with?
A prosecution can begin with a charge.
What can magistrates issue?
Magistrates can issue an arrest warrant if sworn information is presented before them that a person has offended. However, the police have powers to arrest without a warrant.
How can a citizen start a prosecution?
Any citizen can by laying information before a magistrate, start a prosecution.
What are the legal risks in media identification of crime suspects?
- The media may discover that someone is being investigated by police or another agency that the person is under arrest.
- A media report which includes the suspect’s name, or other detail identifying them, could create legal problems for the publisher.
What is the defamation risk in reporting a suspect’s identity?
Identifying a person as being under police investigation may allow that individual successfully to sue that publisher for defamation damages if it does not lead to a charge.
